Fundamental Rights

Fundamental Rights Fundamental Rights are incorporated from Aricle 12 to 35 in the Third Chapter (Part) of the Indian Constitution. Rights are the basic facilities which we need for our growth. These are the claims of individual recognised by the society and enforced by the State. The existence of Democracy can’t be imagined without Fundamental Rights in India because Rights are the pillars of Democracy.

Why do we call these Rights as Fundamental? These Rights are incorporated in the third Chapter (Part) of the Constitution of India. They afford a basis for the development of an Individual. The people and officials of India are ought to enjoy these rights.

Nature of Rights Fundamental rights are equal to all. Rights are justiciable Fundamental rights are not absolute. They limit the authority of the central and state governments. Fundamental rights distinguish between citizens and foreign nationals. They can be suspended during emergency. Parliament can amend Fundamental rights.

Fundamental Rights (12 – 35) Right to Equality Right to Freedom Right Against Exploitation Right to Freedom of Religion Cultural and Educational Rights Right to Constitutional Remedies

Fundamental Rights Article 12 {Definition} In this Part, unless the context otherwise requires, "the State" includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India. Article 13 {Laws inconsistent with or in derogation of the fundamental rights} (1) All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.

Right to Equality Article 14 to 18

Right to Equality, Article-14 to 18 Equality before law Article-14 provides that «the state shall not deny to any person equality before law or the equal protection of law within the territory of India ». Prohibition of Discrimination, Article-15 (on grounds of religion,race,caste,sex or place of birth) Equality of Opportunity Article-16 (in matters of public employment) Abolition of Untouchability Article-17 Abolition of Titles Article-18

Right to Freedom Article 19 to 22

Right to Freedom (19 – 22) Freedom of speech and expression Article-19 Freedom of Press – (Article-361) A has been inserted according to which the press has been given the power to publish an account of the proceedings of the Indian Parliament and states legislatures. Right to information is linked to the freedom of speech and expression granted in Article 19 in the constitution. Freedom to assemble peacefully without Arms. Freedom to form associations and unions. Freedom to move freely throughout the territory of India. Freedom to reside and settle in any part of the territory of India. Freedom to practise any profession or to carry on any occupation, trade or business. Protection in respect of conviction of an offence Article-20 Protection of life and personal liberty Article-21 Right to education Article-21 A Protection against arrest and detention against certain cases Article-22

Right against Exploitation Article 23-24

Right Against Exploitation, Article 23-24 Prohibition of traffic in human beings and forced labour. Article 23 Prohibition of compulsary services Article-23 : under this article the state can not force people to do compulsory service for public purposes. Prohibition of Child Labour Article-24: Children below the age of forteen years will not be allowed to work in factories, mines or in other dangerous places so that their health is not adversely affected.

Right to Religious Freedom Article 25 to 28

Right to Freedom of Religion, Article 25 to 28 Freedom to profess and propagate any religion, Article-25 Freedom to manage religious affairs, Artcle- 26 Freedom not to pay taxes for the promotion of any particular religion, Article-27 No religious instructions in government educational institutions, Artcle-28(1) In private educational institutions religious education not against the will, Article-28(3)

Cultural and educational rights Article 29 to 30

Cultural and educational rights,Article 29 to 30 Protection against interest of minorities,Article-29(1) Freedom to get admission in educational institutions,Article-29(2) Right to minorities to establish educational institutions,Article-30(1) No discrimination while giving grants- Article-30(2)

Right to Constitutional Remedies. Article-32

Right to constitutional remedies,Article-32 Article-31(1), provides that a citizen can approach the supreme court of India by due process of law for the implementation of the Fundamental Rights included in Chapter 3 of the constitution. Article-32(2), the Supreme court of India has the right to issue writs in the nature of the Habeas Corpus,Mandamus,Prohibition,etc. Article-32(3), The Indian Parliament can empower any court to issue notice within its jurisdiction without infringing or influencing the powers of the Supreme Court of India. Article-32(4), the state cannot suspend the right to constitutional remedies except in cases provided in the Indian Constitution.

Critical Evaluation of Fundamental Rights Public Opinion

Critical evaluation of fundamental rights No rights outside the constitution Too many limitations Preventive Detention and Fundamental rights Rights can be suspended during emergency Absence of Economic rights Vague and complex language Supremacy of Parliament over Fundamental Rights Special concessions for minorities and backward classes are against the Principle of Equality.

Importance of Human Rights Foundation of democracy Check on the arbitrariness of the Government Create proper conditions for the development of Men Foundation of Rule of law Establishment of Secular state Protection of the interests of the minorities Reconciliation between individual interests and social interests.

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